(a) Any wireless communications tower that has discontinued its service for a period of six continuous months or more is hereby determined to be a nuisance. A tower declared to be a nuisance, must be removed, along with all accessory structures related thereto, and the property restored to its former condition.
DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, or is unused or has ceased the daily activities or operations which had occurred.
(b) Whenever, upon inspection, it shall appear that a wireless communications tower or site has been abandoned or its use discontinued, and its removal is directed by the Village Council, the Village Administrator or a designated representative shall notify, either by personal delivery or by certified mail, the owner or person in charge of the property on which the tower is located that the tower must be taken down and removed. The Village Administrator or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to Ohio R.C. §§ 715.26 and 715.261 to maintain the public health, safety and welfare and to recover costs as appropriate.
(c) If the owner or person in charge of the property referred to in the preceding paragraph fails to comply with the notice from the Village Administrator or his designated representative, the Village Administrator shall cause the tower to be taken down and removed, and when this has been accomplished, a statement of the cost therefore shall be mailed to the owner or person in charge by certified mail, return receipt requested. Upon failure of the owner or person in charge to pay within 30 days the amount of the statement provided, the Village Clerk may certify the total costs upon the tax list and duplicate for taking down and removing the tower and be a lien upon such owner's land from and after the date of entry, and shall be collected as other taxes and returned to the village with the general fund settlements.
(Ord. 2012-20, passed 4-17-2012)